March 12-13, 1992
03-12-1992
Pages 1-8
BOARD OF REGENTS
UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA
March 12, 1992
The Board of Regents met on the above date in a special meeting
in the Conference Room, System Administration building, 2601
Enterprise Road, Reno.
Members present: Mrs. Carolyn M. Sparks, Chairman
Mrs. Shelley Berkley
Dr. Jill Derby
Dr. James Eardley
Mr. Joseph M. Foley
Mrs. Dorothy S. Gallagher
Dr. Lonnie Hammargren
Mr. Daniel J. Klaich
Mrs. June F. Whitley
Others present: Chancellor Mark H Dawson
President Anthony Calabro, WNCC
President Joseph Crowley, UNR
President John Gwaltney, TMCC
President Robert Maxson, UNLV
President Paul Meacham, CCSN
President Ron Remington, NNCC
President James Taranik, DRI
Mr. Donald Klasic, General Counsel
Mr. Ron Sparks, Vice Chancellor
Ms. Mary Lou Moser, Secretary
Also present were Faculty Senate Chairmen Bill Baines (TMCC),
Diane Dietrich (Unit), Larry Goodnight (WNCC), Ed Nickel (NNCC),
Lonnie Pippin (DRI), Elizabeth Raymond (UNR), and Lori Temple
(UNLV).
Chairman Sparks called the meeting to order at 11:32 A.M., ex-
plaining that the air flight had been detained an hour in Las
Vegas, thus the meeting was starting an hour later than had been
scheduled.
All Regents were present with the exception of Dr. Jill Derby.
1. Approved the Use of Up to $10,000 for Planning Study of
Site for Proposed Land in Clark County
Approved the use of up to $10,000 of Special Projects Funds
for a planning study of a proposed site consisting of 111
acres adjacent to the airport in Las Vegas. Dr. Hammargren
had proposed at the December, 1991 meeting that the Board
obtain from the Clark County Commission approximately 110
acres of BLM land located at the end of the airport runway.
Subsequently, Chancellor Dawson met with the Clark County
Commission to learn there was a law suit pending on the use
of the land, which probably will take several years to clear
the courts. Dr. Hammargren then requested a meeting with
the Clark County Airport Authority and Chancellor Dawson
reported that he, President Meacham, Gordon Gochnour, CCSN,
and Mr. Robert Mc Caffery had attended. It was stated by
Mr. Robert Broadbent that the Airport Authority would oppose
using the land for any educational classrooms because of the
noise problem. The land in question is at the end of one
of the runways. Mr. Broadbent stated that the Authority
would need to review a plan for the acreage before making
a final determination.
Chancellor Dawson recommended the Board authorize up to
$10,000 for the development of plans for the property.
President Meacham related that there has been a Community
College in Texas located at the end of a runway. In con-
tacting the College, he was told that plane landings did
not bother, but the noise was "unbearable" on takeoffs,
even though the buildings had been constructed with noise
abatement in mind.
Dr. Hammargren presented a handout on the "University Park
Proposal", which included a map of the airport traffic and
noise centers. He stated that 60% of the UNLV Campus, also
located within the airport traffic pattern, is in a noisier
area than is the proposed site.
Regent Derby entered the meeting.
Mr. Foley stated he would agree if the land can be obtained
from the BLM under the same conditions as that which is now
the West Charleston Campus of CCSN. Chancellor Dawson ex-
plained that if the land can be obtained from the County
the conditions would be the same as that of West Charleston
Campus; however, if the law suit goes against the County,
the cost could be substantial. General Counsel Klasic add-
ed that in his discussions with the County, he was told
that the plaintiff has expressed his desire to take the case
to the Supreme Court if he loses in District Court, and
this could tie up the property for an even longer period of
time.
Mrs. Gallagher moved that the Board authorize the Chancellor
to expend up to $10,000 for development of plans of the pro-
posed site. Mrs. Whitley seconded. Motion carried.
2. Approved the Budget Reduction Plans for the Computing Center
Approved the budget reduction plans as presented for the
UCCSN Computing Center. At its February meeting, the Board
had approved all budget reduction plans except for the
Computing Center, stating it wished further discussion in
light of information the members had received from UNLV in
connection with another computer to be located on that
Campus.
Vice Chancellor Sparks reviewed the UCCSN 1991-93 Biennial
Budget Priority Requests for New Funding, which included
personnel and equipment for Administrative Computing at the
Southern Regional Data Center in the amount of $4.6 million,
and the completion of the Management Information System in
the amount of $2.3 million. The Governor in his budget
recommended only the $2.3 million to complete the Manage-
ment Information System, but did not recommend the $4.6
million which would have provided the equipment for the
Southern Data Center. Vice Chancellor Sparks stated that
the Presidents had reviewed and recommended, and the Board
had approved in February, 1991 the mainstream administrative
computing budget alternative A and B:
Alternative A: No Additional Legislative Funding
Beyond the Governor's Recommendation
Acquire and implement new Financial System (as per
approved plan)
Begin Human Resources System Project
Upgrade existing computer (add capacity)
Defer acquisition of new computer (Las Vegas) to
next biennium
Defer implementation of Human Resources System
to next biennium
Alternative B: Additional 91/93 Legislative Funding
($1,030,000)
Acquire and implement new Financial System (as per
approved plan)
Acquire and implement Human Resources System (as
per approved plan)
Acquire (lease), install and operate second computer
(as per approved plan)
Vice Chancellor Sparks stated that UCCSN had testified the
need for computing services before both the Assembly and
the Senate. AB 401 was introduced on March 13, 1991, but
no action was taken until the day before adjournment. The
bill was passed and calls for ".... $2,372,232 for payment
of expenses for the acquisition and installation of computer
hardware and software to complete the Computer Center Man-
agement Information System". Testimony was given that the
$2.4 million would not complete the System. The last day
of the Session, Senator Raggio questioned AB 401, and the
bill passed the Senate with the understanding that the
amount was not enough to establish the Southern Data Center
and that UCCSN would return in the 1993 Session for the
final portion of the request.
Vice Chancellor Sparks continued that the proposed reduc-
tion plan for the Computing Center was carefully prepared
to cause the least amount of harm to the ongoing operating
budget. He reminded the Board that the budget for the
Computing Center is not formula driven; therefore, if the
reduction was to be taken from the operating dollars, it
would be most difficult to have the amount returned. He
stated that upon adjournment of the Session and prior to
the announcement of budget cuts, the Computing Center did
explore obtaining a machine for the Southern Center and a
bid proposal was explored. President Maxson stated that
upon reviewing the situation, and with assurance from
President Taranik that between technical adjustments and
obtaining funds from outside sources, he would agree with
the proposed budget reduction plan as presented.
Mrs. Whitley moved to accept the UCCSN Computing Center plan
as proposed. Mr. Klaich seconded.
Mrs. Gallagher reminded the Board that it had been difficult
to obtain as much funding from the Legislature as UCCSN has
received. Mrs. Whitley stated that UCCSN has been discuss-
ing this concern for some ten years and questioned what had
happened to the first legislative appropriation. Mrs.
Gallagher replied that during Dr. Bersi's term of Chancel-
lor, there had been an appropriation, but the monies were
used for other purposes upon recommendation of Dr. Bersi,
and that it has taken a long time to obtain the legisla-
tive support enjoyed today.
Dr. Derby requested an explanation of how the Computing
Center under-serves the Southern Nevada area. Vice Presi-
dent Harry Neel replied that this is not a Southern issue,
but there is dissatisfaction on all Campuses, and related
to a 1986-87 independent study which called for two full
service centers.
Mrs. Whitley left the meeting.
Dr. Derby then questioned whether another budget reduction
plan had been proposed, with Vice Chancellor Sparks reply-
ing in the affirmative. The plan would have included an
$800,000 reduction in base operating funds, which would
not be easy to have returned because there is no budget
formula for this area, and could have caused personnel lay-
offs. The proposed plan remains consistent with other
Campus plans and with the commitments made to the Legisla-
ture.
Dr. Bill Robinson, UNLV, spoke against the motion, stating
that without a new machine in Southern Nevada, it would put
the System at high risk. He also stated he did not be-
lieve there had been an attempt to bring the parties to-
gether to review any plans, and urged the Board to vote
against the motion. Mrs. Gallagher suggested that Dr.
Robinson should, when writing to Regents, send a copy to
his President.
President Taranik supported the motion, stating that he
felt it would be possible to find other funds for a machine
for Southern Nevada.
Mrs. Berkley stated she had not heard the concern for
Southern Nevada in the motion and would vote against it,
adding that the Legislature could not be depended upon to
provide funds for the current plan during the next session.
Mrs. Whitley returned to the meeting.
President Crowley stated that President Maxson's solution
was constructive, and reviewed the history of computing
services. He stated that in 1981 the Board had identified
a tremendous problem with the Management Information System,
and that after a "great struggle" within the System, a pro-
posal was made to the 1983 Legislature. Funds were appro-
priated, spent unwisely, and the System lost credibility.
In 1991, a proposal was presented to the Legislature, and
up until the call for budget reductions there had been no
need for a change in the original 1991-93 Biennial Budget
Request; therefore, the Presidents did not discuss the
issue.
President Crowley stated that if UCCSN does not go forward
with this plan, he did not want to have to tell the Legis-
lature in 1993 that the priorities had changed once again.
He also cautioned that the State is in the process of
implementing a System and wants to include UCCSN, and that
a delay of the College and University's Financial System
(CUFS) and Human Resource System (HRS) programs would be
inviting the State to take over ownership. If the State
is invited to take over the classified portion of the
Payroll System, it will be a foot in the door and not long
until they will want to handle all UCCSN payroll - or about
80% of our budgets.
Chairman Sparks questioned if there was a chance the State
would take over the Payroll System. Vice Chancellor Sparks
replied that if the Board decides to purchase the machine
for the Southern Nevada area, there will be no funds left
for the CUFS and HRS Systems and UCCSN would risk being
rolled into the State System.
President Remington cautioned the Board not to confuse the
location of the "box" with the services. Chancellor Dawson
told the Board that the logical time to begin the CUFS
System is at the beginning of the fiscal year, and prior
to that there needs to be time for "dry runs".
Motion carried.
Dr. Hammargren announced that he had extracted promises from DRI
and UNLV for $10,000 each for the planning study on the land
proposal discussed above, and $5,000 from CCSN.
3. Personnel Session
Upon motion by Mrs. Gallagher, seconded by Mr. Foley, the
Board moved to a closed personnel session in accordance
with NRS 241.030 for the purpose of discussion of the char-
acter, alleged misconduct, professional competence, or
physical or mental health of a person.
The Board recessed at 1:10 P.M. for the closed personnel session
and reconvened at 6:30 P.M., with all Regents present, except
Mr. Foley.
4. New Business
A. Board of Regents
Mrs. Gallagher suggested the Chairman call a personnel
session at the earliest possible time, but prior to the
April meeting, so that Assistant General Counsel Bradley
Booke could answer questions which had been raised this
day.
Dr. Derby stated she had questions answered in this
personnel session and was confident of the leadership
of UNLV. However, she is concerned with the public
perception in that they may feel their own questions
have not been answered. Because of that, she stated
she continues to support some sort of follow-up inquiry
review by the Board, but felt that the Board needs some
sense of specificity about what the questions are in
the public mind that remain unanswered. She agreed
with the first step being a personnel session with Mr.
Booke, but after that the Board should determine what
steps should be taken.
Dr. Hammargren asked that an action item be placed on
the next agenda wherein he would request the Board to
call for an independent investigation - or to review
any other proposal that might be submitted. He stated
that his request was to review all the controversy in-
volving sports administration at any level from the
Regents down to the last Assistant Trainer within the
University of Nevada, Las Vegas. Dr. Hammargren's re-
quest is contained in Ref. A, filed with the permanent
minutes. Further, he suggested that the investigation
be conducted by the Legislative Commission and that
the Legislature should fund the study.
Mr. Klaich stated that in his opinion an insidious
double standard has been applied to this matter. He
added that since he does not live in Las Vegas, his
information has been "second hand" and through the
media. However, he stated it appeared that from what
he had read and has heard, that any allegation regard-
less of its vagueness, regardless of its lack of foun-
dation, regardless of its absurdity that is reported
in any sense against the Administration is somehow taken
as gospel and reported as such. He continued that Mr.
Jerry Tarkanian has called for the truth and for an
investigation of the truth, which he whole-heartedly
embraces.
Mr. Klaich asked that Mr. Tarkanian and any of his
lawyers whom he wishes to choose give to the Board the
specific instances in which Mr. Tarkanian believes he
has been harmed, and specifically, what Mr. Tarkanian
wishes to be investigated. Further, that these in-
stances must be specific and not vague allegations.
He also expressed his opinion that any such matters
be of the time period since Mr. Tarkanian's resigna-
tion in June 1991. Which, he added, was voluntarily
submitted in writing at a time when he was represented
by independent counsel.
It was suggested by General Counsel Klasic that should
Mr. Tarkanian and his attorneys take this challenge,
that they send their concerns to General Counsel Klasic
who will distribute them to the Board. Mrs. Gallagher
added that the concerns are not to be submitted through
the media.
Mrs. Berkley reminded the Board that UNLV was her alma
mater and this issue has caused her great pain. She
stated she was aware of the outstanding work of Presi-
dent Maxson and felt she was able to measure where the
University was and where it is today. Mrs. Berkley
stated she was confident the Board of Regents would
"get a handle" on the situation and then go on with
the business of the system. She spoke in favor of an
inquiry.
Chairman Sparks stated that the role of the Board is to
direct higher education in Nevada. she continued that
the Board will do the right thing, the fair and honest
thing, and that it is very much aware of the dissension
at UNLV; that it is willing to hear both sides of the
issue; and that it will protect the University and the
System, but will not sacrifice any institution or any
part of it. It is the Board's intention to spend the
next few weeks gathering information and then will de-
cide the next steps to take.
Dr. Eardley stated that he felt this matter was really
hurting UNLV and cannot be allowed to damage the insti-
tution, that it was built for the students in that
general area and that it will stand. He called for a
fast closure of this situation and cautioned that if
it continues it will damage the State and the Univer-
sity.
Dr. Hammargren questioned whether his requested action
item would be on the first agenda of the Board, which
would be the personnel session with Mr. Booke, and
Mrs. Sparks replied that it would, and an open discus-
sion would be held.
B. Public Sector
Mr. Alan Jones, one of the attorneys for Mr. Tarkanian,
expressed his support of Dr. Hammargren's proposal and
stated that he will inform Mr. Tarkanian of the request
for specific instances he might wish investigated, and
that he would see that those questions will be forwarded
through General Counsel Klasic. Mrs. Gallagher asked
that Mr. Jones throughly understand that the Board wants
documented support and not frivolous allegations. Mr.
Jones replied that he would do so, but only in public
open session. He added that not all evidence will be
written, but that he would work with Legal Counsel.
Mr. Klaich asked that the records show that Mr.
Tarkanian's attorney had responded positively.
The meeting adjourned at 6:50 P.M.
Mary Lou Moser
Secretary of the Board
03-12-1992